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Making Tracks' Terms & Conditions

Last updated August 24, 2021

Website Terms of Use

Welcome to Making Tracks! We look forward to being able to work with you at this time. This website at www.makingtracks.us (“Site”) is owned and operated by Making Tracks Earth Education, LLC (“Making Tracks”, “us”, “we”, or “our”). To help ensure good communication and an understanding of our services, we have provided you as a user of this Site (“you” or “your”) with the terms and conditions that govern our services and Site operations (“Terms”). If you continue to use our Site, or you request any services from us, you consent to these Terms and agree that these Terms apply to govern our interactions.

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Website and Services

At Making Tracks, we strive to provide quality opportunities to learn and better connect with the earth. We strive to continue to learn, progress, and improve, and we hope that our services continue to increase in quality as we gain experience over time. Our Site exists to help connect you to instructors who have experience, knowledge, and ability to help teach courses in your area, as well as to provide information to you that may be of interest or use to you. Our services include providing the Site, listing course options and instructor information, providing other relevant information, and facilitating payment. Courses are taught by instructors who are not employees of Making Tracks. Each instructor is independent and operates their own business independent of Making Tracks. Making Tracks helps to review credentials and strives to only list quality instructors on the Site, but Making Tracks cannot guaranty the services or actual quality of each instructor. Accordingly, you agree to independently review the instructor(s) for any course(s) you wish to purchase, and only obtain courses, services, or instructions from instructors that you have independently verified. While we do provide only accept instructors on our Site that meet certain qualifications and background checks, you agree that you are not relying on us to guarantee each instructor as meeting all of your needs, and that you can leave reviews as necessary to help continue to refine the instructors and courses listed on the Site.

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Privacy

Please refer to Making Tracks’ Privacy Policy for the terms and conditions associated with the information we collect and use and your privacy.

 

Refund Policy

Making Tracks will provide refunds based on the following schedule:

  • Time Before Event Refund Amount.

  • If You Cancel 24 hours before event No refund.

  • 2-6 days before event 50% refund.

  • 1 week+ before event Full refund, less payment processing fees.

  • If We Cancel At any time Full refund for the cancelled event(s).

  • Events include courses and any other activities, gatherings, classes, or trainings listed or scheduled on our calendar that a user may pay to attend.

  • No refunds are provided once a course or other service has concluded. For courses that are offered over a series of days, weeks, or months, refunds will be evaluated on a case-by-case basis and Making Tracks may elect to issue refunds for courses that have not yet occurred. Depending on the circumstances, partial refunds for ongoing courses may be issued for good cause (such as a death in the family or unexpected reassignment if in the military), but will generally not be issued if an attendee simply loses interest, becomes busy, or otherwise stops attending.

 

Assumption of Risk

You acknowledge that there are risks associated with some events and courses listed on Making Tracks’ Site. Such risks include, without limitation, being in the outdoors, being around nature, wildlife, and plants, hiking, being at high altitudes, associating with others who may have Covid-19, being in climates that can change quickly and without much warning, and using knives, fire, and other outdoor tools or equipment. You acknowledge and agree that you are assuming all responsibility for yourself and that you are not relying on Making Tracks or any instructors to protect you from the associated risks. You agree to indemnify and hold Making Tracks harmless for any risks, liabilities, damage, or other claims that arise as a result of your use of the Site or your participation in any events. Making Tracks collects some basic health and medical information to assist instructors in identifying issues that might exist in the environments in which a course or event will be held. However, this service is purely a convenience only and is not warranted or guarantied to help avoid all possible health and medical issues. You agree to be fully responsible for your own health and medical conditions and situations and to research for yourself the appropriateness of participating in any course or event. You agree to consult with your doctor and rely on your doctor’s advice regarding the environment in which you will be a part, as well as regarding the appropriateness of your physical condition to participate in the course or event and the associated activities (such as hiking). You agree to fully release and hold Making Tracks and its instructors, contractors, employees, and other agents harmless from any and all liability associated with any health or medical condition you experience, including if Making Tracks could have been aware of such issues as a result of disclosures you made, whether in writing or orally.

 

Affiliate Links

Making Tracks provides notice that the Site may contain links to other third party websites or apps. Making Tracks does not warrant or guaranty the services or products provided in the links. Further, Making Tracks may receive affiliate compensation if you purchase the products or services listed or if you purchase other products or services after following the link. You agree that Making Tracks provides these links as a convenience only and that you release and hold Making Tracks harmless from any and all damages or claims associated with your use of the linked sites, purchase of products or services, or other interactions with the associated companies.

However, if you have had a problem with a linked site or a product or service from the site, please take the time to inform Making Tracks of your experience so that Making Tracks can review the links from time-to-time to decide if some companies or products should not be offered as a link on the Site.

 

No Warranty or Guaranty

THIS SITE IS PROVIDED BY MAKING TRACKS ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAKING TRACKS MAKES NO REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU AGREE THAT ALL SERVICES ARE PROVIDED AS-IS, AND THAT YOU ARE NOT RELYING ON ANY GUARANTIES OR WARRANTIES ASSOCIATED WITH OUR SERVICES. MAKING TRACKS DOES NOT GUARANTY OR WARRANT THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND MAKING TRACKS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT MAKING TRACKS, ASSUME THE ENTIRE COST OF ALL DAMAGES (DIRECT, CONSEQUENTIAL, OR OTHERWISE) IN THE EVENT OF ANY LOSS ARISING FROM THE USE OF THIS SITE, THE SERVICES, OR CONTENT.

 

No Oral Agreements

Making Tracks’ website contains pricing and other relevant information for its services. You agree that you will not rely on any oral statements or promises, including from instructors, regarding pricing, offerings, or other services, and that the written documentation, including these Terms, form the full and complete extent of Making Tracks’ obligations to you. The written documentation expressly supersedes any oral or side agreements or expectations that are not set forth in these Terms or other documents signed between the applicable parties.

 

Restrictions on Use

All material included on Making Tracks’ website or other software services, such as text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations and software (the “Content”), is the property of Making Tracks, is proprietary information, and is protected by United States and international copyright laws. Modification or use of the Content except as expressly provided in these Terms violates Making Tracks’ intellectual property rights. Except as expressly noted below, nothing on the Site grants a license in or to any Making Tracks trademarks, copyrights, proprietary information, or other intellectual property rights, whether by implication, estoppel or otherwise.

The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Making Tracks, except that:

  • You may download, print, distribute and use pages from the Site for your own informational, non-commercial purposes, but not for commercial use or general distribution.

  • You may link to the Site provided that the link does not falsely imply or suggest that Making Tracks has endorsed or is affiliated with the linked site.

  • You can share information, articles, and stories on social media and the internet if the users are all directed to Making Tracks’ website where the information is originally located.

Users of the Site must not:

  • Monitor, gather or copy any Content on the Site by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.

  • Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout).

  • Engage in any activities through or in connection with the Site that seeks to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party.

  • Attempt to circumvent the security systems of the Site.

  • Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Making Tracks server.

  • Attempt to use the Site for any purpose other than those intended by Making Tracks, as determined by Making Tracks in its sole discretion.

  • Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

  • Engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site. You also agree that, in using this Site, you will not impersonate any person or entity.

  • Upload or improperly use any information or intellectual property that belongs to another person or entity without their written consent.

The Content and the functionality of the Site may be updated or changed at any time without prior notice. In addition, if Making Tracks becomes aware that you are copying, modifying or distributing the Content from the Site other than for the permitted uses of the Site, Making Tracks reserves the right to revoke your right to these permitted uses. Making Tracks further reserves the right to update these Terms and revoke any of the permitted uses listed above.

Further, Making Tracks may remove any content or information from the Site, without notice to you (even if you provided or uploaded the information), if Making Tracks receives notice of a copyright or other intellectual property violation or if Making Tracks determines it necessary to do so, in its sole discretion. You agree that you have no ongoing right to have any content or information remain on the Site.

 

Limitation of Liability

Neither Making Tracks, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering the Site, is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site or the operation of the Site or failure of the Site to operate. In no event shall Making Tracks be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if Making Tracks has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this Site or from Making Tracks. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of these Terms and the parties acknowledge that Making Tracks would not grant access to the Site or provide any services without your agreement to these Terms, including without limitation this specific term.

If a court determines that the above limitation of liability does not apply for any reason, you agree that the maximum extent of Making Tracks’ liability for any of its services, including without limitation for those agreed to in contract or otherwise, is the amount you actually paid Making Tracks for the services. If you did not pay Making Tracks for any services but assert that Making Tracks is liable for any reason, you agree that the maximum amount of liability for Making Tracks is $100.

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DMCA Notice and Takedown

Per the Digital Millennium Copyright Act Section 512(c)(2), if you believe that any material on the Site infringes your copyright, you must send a notice of claimed infringement to Making Tracks’ Copyright Agent at the following address:

Making Tracks
c/o Copyright Agent
2735 East Louise Avenue
Salt Lake City, UT 84109
Phone: (650) 394-5532
admin@makingtracks.us

Written Notice: To be effective, Section 512(c)(3)(A) of Title 17 of the United States Code requires that your notification of claimed infringement be a written communication provided to Making Tracks and that it include each of the following elements:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • Information to contact you, including your name, address, telephone number and, if available, your email address.

  • A description of each work claimed to have been infringed, including any relevant information about the infringing activity.

  • A description of the infringing activity or of the work that is claimed to be infringing and information about the location on the Site (or, if the infringing information is located on another website linked to through the Site, information about the location of the link or reference on the Site) where the alleged infringement is occurring that is reasonably sufficient to allow us to locate the infringing material.

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  • A statement, under the penalty of perjury, that the information in the notice of claimed infringement is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • Making Tracks does not permit copyright infringing activities and infringement of intellectual property rights on the Site and Making Tracks will remove the infringing content if properly notified of infringement. As stated above, Making Tracks reserves the right to remove any and all content and user submissions without prior notice.

Counter-Notice: If you believe that your submitted content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your submission, you may send a counter-notice containing the following information to Making Tracks’ Copyright Agent:
A physical or electronic signature.

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the federal court in Salt Lake County, Utah, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by Making Tracks’ Copyright Agent, Making Tracks may provide the person who submitted the original DMCA Notice against the organization or individual accused of infringing on the copyrighted works a copy of the counter-notice informing that person that he or she may replace the removed content or that Making Tracks will cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Making Tracks’ sole discretion.

 

Governing Law

You agree that your use of this Site, these Terms, the services and any disputes relating thereto shall be governed in all respects by the laws of Utah, without reference to conflict of laws principles. You agree to submit to personal jurisdiction in Utah for any disputes related to this Site, these Terms, or Making Tracks’s services. Any dispute relating to this Site, these Terms, or Making Tracks’s services shall be first submitted to mediation in Utah, and if mediation is unsuccessful or a party refuses to attend mediation within 30 days of receiving a written demand for mediation, then such dispute
shall be resolved solely in the state or federal courts located in Salt Lake City, Utah.

You waive any defenses to such forum or venue. Further, in the event that a breach of these Terms or other issues would threaten irreparable harm to a party, the party may file a case directly in court for relief without first being required to mediate such issue(s).

 

Updates to Terms

Making Tracks may from time-to-time update these Terms. Your continued use of any services or the Site will constitute your acceptance of the updated Terms. You waive any requirements that you be provided with notice of updates to the Terms.

 

Contact

If you have questions or comments about these Terms and Conditions, please contact us at:
 

Making Tracks Earth Education, LLC
2735 East Louise Avenue
Salt Lake City, UT 84109
(650) 394-5532
admin@makingtracks.us

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